Agreement and Terms of Service
Any business relation between Lead Capture Ltd. and its customers is subject to the following terms of business only. Differing terms are only applicable if the Lead Capture Ltd. has accepted them in writing. Lead Capture Ltd. reserves the right to change the terms of business without prior notice with effect for the future.
Definitions
- The Company or Company means Lead Capture Ltd
- Lead Capture means Lead Capture Ltd
- We means Lead Capture Ltd
- Our means Lead Capture Ltd
- The Service or service means all software and applications supplied by Lead Capture Ltd.
- Customer means You or you
- User means You or you
- These terms apply to all users of the Lead capture service.
Your Acceptance
To enter into this agreement you must be at least 18 years old and by completing the registration process you agree to be bound by these terms of service. By completing the registration process you are stating you are at least 18 years old and have read and understand this agreement. This is an agreement between Lead Capture Ltd a company incorporated in England which is the owner and operator of mesnja.com and the software and applications on the web site hereafter known as "the service" by using the service you become a user of the service and accordingly you acknowledge and agree to these terms of service and our privacy policy which is incorporated in these terms by reference. If you choose to not agree with any of these terms, you may not use the service.
Lead Capture Service and Third Party web sites
These Terms of Service apply to all users. Information provided by you through the Lead Capture service may contain links to third party websites that are not owned or controlled by Lead Capture Ltd. We have no control over or responsibility for the content, privacy policies, or practices of any third parties. By using the Service, you expressly acknowledge and agree that Lead Capture shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
Access To The Service
By accepting these terms Lead Capture grants you permission to use the service provided that;
- you do not to resell or charge others for use of or access to the Service
- you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without our prior written authorisation
- you will not attempt to reverse engineer, alter or modify any part of the Service.
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Lead Capture with your, address, mobile phone number which must be valid and current, and you must supply a valid email address, failure to do this may result in your inability to use the service. You expressly acknowledge and agree that in order to provide the Service, the Company may periodically access your contact list and/or address book on your mobile device and/or from the data you have supplied to the service, in order for us to find and keep track of mobile phone numbers of other users of the Service. You hereby give your express consent to the Company to access your contact list and/or address book for mobile phone numbers in order to provide and use the Service. We do not collect names just mobile phone numbers and email addresses. You must notify Lead Capture immediately of any breach of security or unauthorised use of your mobile phone.
Intellectual Property
The design of the Lead Capture Service along with text, scripts, graphics, interactive features and so on, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Lead Capture, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions.
Contracting and withdrawal
The prices on this website are for customers who use the software for professional or commercial purposes.
Lead Capture Ltd. accepts orders on the basis of the offer on this website. Lead Capture Ltd. reserves the right to refuse delivery to a customer without giving any reason. Any license fees that have been paid already will be refunded immediately. In case of errors - typing or calculation - on this website, Lead Capture Ltd. can withdraw from the contract. Prices charged are as shown on the Lead Capture web site and as amended from time to time.
Delivery
Unless specified otherwise, delivery is conducted by sending an e-mail with a license file based on the data transmitted by the customer during registration to the e-mail address used during registration. The software that can be downloaded from this website can be run with the mentioned license file.
Data Protection
You acknowledge that you have a responsibility to protect the personal details of any third party data you store on Lead Capture's servers and agree to comply with the data protection legislation in your jurisdiction. Lead Capture's servers are based in the USA and you accept that the data you store is being held locally there.
Lead Capture Ltd acts as a data storage medium for your contacts and the manipulation of that data to communicate with those people via email and other media as may be embraced.
The service allows you to submit information about contacts you have in order to communicate with them on a predetermined schedule to offer opportunity, or other information as you wish. You expressly agree and warrant that the information you submit does not breach any third party copyright or trademarks and that you have permission and are licensed to use and submit any such information. You also agree not to publish material that may be considered unlawful such as, but not limited to, material that is defamatory, obscene, threatening, libellous racially offensive or otherwise likely to be offensive or unlawful. You also agree not to impersonate another person, send or store material that contains viruses, trojan horses or other harmful computer code, programs, files or scripts.
Payment and delay
The customer can pay the license fees through PayPal or other methods as available from time to time. In the event of licence renewal and a failure to pay the licence fee your account will be locked until cleared payment is received.
Reservation
The license is conferred on the condition of payment of all fees.
Warranties and liability
You agree that your use of the Lead Capture service shall be at your sole risk. Lead Capture Ltd, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Lead Capture Ltd makes no warranties or representations about the accuracy of content. We accept no liability for (
- errors, mistakes, or inaccuracies of content,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
- any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from our service,
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or
- any errors or omissions in content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service. Lead Capture does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Lead Capture service or any hyperlinked website or other advertising, an"d we will not be party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Limitation of Liability
You acknowledge and agree that in no event shall Lead Capture Ltd its Directors, Employees or Agents be liable to you for any loss howsoever caused; directly, indirectly, consequentially or otherwise resulting from any
- errors, mistakes or inaccuracies of content, or any personal injury or property damage as a result of your use of the service.
- use you make of content that results in your own loss or damage
- personal injury or damage to property of any nature as a result of your access to or use of the service
- unauthorised access to our servers or use of data held on them
- interruption to our service
- bugs, viruses, or other malicious software that may be transmitted to or through the service by a third party
You specifically acknowledge that Lead Capture Ltd is not liable under any and all circumstances for any content considered illegal, defamatory, offensive or illegal, you also acknowledge that Lead Capture Ltd is not liable for content you use the service for and the onward transmission of any content from third parties.
Indemnity
You agree to indemnify, defend and hold harmless Lead Capture Ltd its Directors employees and agents from and against all claims, damages, obligations, losses, liabilities, costs or debt and expenses including legal fees, arising from
- Your use of the Lead Capture Service
- any breach by you of this agreement
- your breach of third party rights including but not limited to the use of copyrighted material, property or privacy.
- Or any claim made against you for material you have used with the service.
You agree that this indemnification clause and obligation will continue even after you have ceased to use our service.
The validity of these terms of business shall not be affected by one or some of the clauses in these terms of business being void. Any void clause is to be replaced by a similar clause that renders similar results than the void clause.
Assignment
These terms of service and the rights conveyed to you by this agreement may be not assigned or transferred by you but may be assigned by Lead Capture without restriction.
Governing Law
This agreement shall be governed by the laws of England and Wales
Privacy Policy
This privacy policy forms part of the agreement and terms of service if you do not agree with any of the terms herein you may not use the service.
The Information Lead Capture Collects
You agree to the collection, processing and use by Lead Capture of all personal data supplied by you as well as information about your usage of the service. When you use the service you are providing personally identifiable information such as your email address, mobile phone number address and so on. We will use your data to share appropriate information with you by email or through the mechanism of the application.
Cookies Information
When you visit the Lead Capture site, we may send one or more cookies both session and persistent cookies which identify your browser.
Log File Information
When you use the Lead Capture Site, our servers log certain general information that our application sends whenever you access the service. We record information that your web browser sends whenever you visit any website. We store information such as, but not limited to, your IP address, browser type and language, the pages you visit, the time you spend on them and other click throughs you may make.
When we Disclose Information
We only share your information with third parties for commercial use such as marketing, if you have agreed to it and have opted in. Please see the term relating to acquisition, merger or assignment which in which circumstances your information will be shared. We may share your information where it is necessary to perform or improve the service we provide you. We may provide your information where we are required to do so by law, enforce our terms of service, protect ourselves from allegation, systems' integrity and security, or third party claims.
In the Event of Merger, Sale or Assignment.
If Lead Capture is acquired by, merged with or assigned to a third party we have the right to assign or transfer information provided by you to that third party without reservation.
Force Majeure
Lead Capture cannot be held responsible for failure to meet its service obligations when any failure is brought about due to some cause totally beyond its reasonable control. Examples of this might include but are not limited to acts of God, trade disputes; governmental intervention, fire, flood, snow and disruption to computer and IT infrastructure.
Changes and updates to this Privacy Notice
This Privacy Policy may be revised periodically and this will be reflected by the date on this notice and will be effective from that date.
